Publication - Impact assessment

The right to buy land to further sustainable development: EQIA

Equality Impact Assessment (EQIA) for legislation to bring into force part 5 of the Land Reform (Scotland) Act 2016.

45 page PDF

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45 page PDF

418.5 kB

Contents
The right to buy land to further sustainable development: EQIA
Stage 3: Assessing the impacts and identifying opportunities to promote equality

45 page PDF

418.5 kB

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?

Age Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation There are no age barriers to participation in the application process to buy land to further sustainable development.

As such, all ages can potentially benefit.
It is possible that older people, particularly those over the age of 75, may find the use of online systems and services challenging.

16 and 17 year olds can hold title to land in Scotland so, potentially, they could be impacted by Part 5 community right to buy applications.

It is also possible that charity trusts may own land for the purpose of supporting younger or older people, for example through education or care. However, such factors would be considered when assessing any application against the public interest criterion.
  There is no evidence to show that particular age groups will be impacted to any significant degree through implementation of the Part 5 regulations. It is recognised that there may be minor negative impacts on older people in relation to the use of online application and search facilities.

16 and 17 year olds who hold title to land could find their land subject to Part 5 applications, as could younger or older people who benefit from land held in trusts.

However, younger or older people in communities that acquire the land under Part 5 transfers could benefit from such acquisitions. Scottish Ministers will assess each case on its merits, and this will include taking into account the effect of a Part 5 transfer on younger or older people where this is relevant and has been raised as a factor (either in support of or against the proposal).

It should also be remembered that where a transfer of land or a tenant’s interest is approved, it can only take place where the full value for the land or tenant’s interest is paid, as determined by an independent valuer.
Advancing equality of opportunity Section 56 (13) of the Land Reform (Scotland) Act 2016 states that: ‘In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to [(a)…] (b) the desirability of

encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The above legislation requires that Scottish Ministers must carry out their functions with due regard to the need to meet equal opportunity requirements.
    Part 5 of the Land Reform (Scotland) Act 2016 has the potential to create positive impacts on this protected characteristic, given that in considering any transfer, Scottish Ministers must consider equal opportunities under Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The meaning of equal opportunities within L2 of Part 2 of schedule 5 of the Scotland Act 1998 is as follows:

“ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.”

Provided that community bodies have good governance systems in place, Part 5 will create opportunities for all members of a particular community, regardless of age, to participate in community ownership of land and other types of asset as well as the ongoing management of those assets.
Promoting good relations among and between different age groups CRtB schemes have the potential to draw together disparate members of communities. It is hoped that this policy will help foster inclusivity, good relations and communications within communities.     Part 5 of the Land Reform (Scotland) Act 2016 has the potential to lead to positive impacts on intergenerational relations by opening up opportunities for people of all ages in a community to become involved in decisions about land and related assets.

Do you think that the policy impacts disabled people?

Disability Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation   It is possible that people with particular disabilities may face challenges in relation to the Part 5 application processes and online register searches.   There is no evidence to show that people who are disabled will be impacted to any significant degree by implementation of Part 5 of the Land Reform (Scotland) Act 2016. However, it is recognised that there may be minor negative impacts on disabled people in relation to the use of online application and search facilities.
Advancing equality of opportunity Section 56 (13) of the Land Reform (Scotland) Act 2016 states that: ‘In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to [(a)…] (b) the desirability of

encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The above legislation requires that Scottish Ministers must carry out their functions with due regard to the need to meet equal opportunity requirements.
    Part 5 of the Land Reform (Scotland) Act 2016 has the potential to create positive impacts on this protected characteristic, given that in considering any transfer, Scottish Ministers must consider equal opportunities under Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The meaning of equal opportunities within L2 of Part 2 of schedule 5 of the Scotland Act 1998 is as follows:

“ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.”

Provided that community bodies have good governance systems in place, Part 5 will create opportunities for all members of a particular community, regardless of whether they are disabled or not, to participate in community ownership of land and other types of asset as well as the ongoing management of those assets.
Promoting good relations among and between disabled and non-disabled people CRtB schemes have the potential to draw together disparate members of communities, including disabled people. It is hoped that this policy will help foster inclusivity, good relations and communications within communities.     It is anticipated that that implementation of Part 5 of the Land Reform (Scotland) Act 2016 will give rise to positive impacts on relations between disabled and non-disabled people by creating opportunities for all to become members of community bodies which purchase and subsequently own and manage land and other assets.

Do you think that the policy impacts on men and women in different ways?

Sex Positive Negative None Reasons for your decision
Eliminating unlawful discrimination     X There is no evidence to show that any particular gender will be impacted to any significant degree through implementation of the Part 5 regulations. The framing exercise did not identify any potential impacts and there are no data to suggest that this protected characteristic is impacted by right to buy legislation.
Advancing equality of opportunity Section 56 (13) of the Land Reform (Scotland) Act states that: ‘In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to [(a)…] (b) the desirability of

encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The above legislation requires that Scottish Ministers must carry out their functions with due regard to the need to meet equal opportunity requirements.

In addition, Section 56 (13)

In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to—

(a)relevant non-Convention human rights. As also stated in Annex A of the

Scottish Land Rights and Responsibilities Statement, the Scottish Government considers that the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is a relevant non-Convention right.

Article 14 – Makes specific reference to ending discrimination against women in rural areas.

Article 14 includes specific acknowledgement of women's role in the non-monetised aspects of the economy, ensuring women benefit equally with men from any rural development programmes, and, among other things, that women have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reforms as well as in land resettlement schemes.

The Scottish Government is of the view that in socio-economic and other ways, women should benefit at least equally with men from any Part 5 transfer of land, and that where a socio-economic imbalance between men and women already exists in favour of men, it is reasonable, in line with both the equal opportunities and non-Convention requirements of the Act, to use Part 5 to benefit women more than men.
    Part 5 of the Land Reform (Scotland) Act 2016 has the potential to create positive impacts on this protected characteristic, given that in considering any transfer, Scottish Ministers must consider equal opportunities under Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The meaning of equal opportunities within L2 of Part 2 of schedule 5 of the Scotland Act 1998 is as follows:

“ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.”

Provided that community bodies have good governance systems in place, Part 5 will create opportunities for all members of a particular community, regardless of their sex, to participate in community ownership of land and other types of asset as well as the ongoing management of those assets.
Promoting good relations between men and women     X The framing exercise did not identify any potential impacts on gender and there are no data to suggest that this protected characteristic is impacted by right to buy legislation.

Do you think that the policy impacts on women because of pregnancy and maternity?

Pregnancy and Maternity Positive Negative None Reasons for your decision
Eliminating unlawful discrimination     X There are no data to suggest that pregnancy and maternity are impacted by right to buy legislation.
Advancing equality of opportunity     X There are no data to suggest that pregnancy and maternity are impacted by right to buy legislation.
Promoting good relations     X There are no data to suggest that pregnancy and maternity are impacted by right to buy legislation.

Do you think your policy impacts on transsexual people?

Gender reassignment Positive Negative None Reasons for your decision
Eliminating unlawful discrimination   Part 5 applications will capture names and addresses. There is no provision for updating names contained within the Register of Applications by Community Bodies to Buy Land.   There are no data to suggest that transsexual people are impacted by right to buy legislation. A minor negative impact is that they will be unable to change their names once these have been recorded within the Part 5 register.
Advancing equality of opportunity Section 56 (13) of the Land Reform (Scotland) Act states that: ‘In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to [(a)…] (b) the desirability of

encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The above legislation requires that Scottish Ministers must carry out their functions with due regard to the need to meet equal opportunity requirements.
    Part 5 of the Land Reform (Scotland) Act 2016 has the potential to create positive impacts on this protected characteristic, given that in considering any transfer, Scottish Ministers must consider equal opportunities under Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The meaning of equal opportunities within L2 of Part 2 of schedule 5 of the Scotland Act 1998 is as follows:

“ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.”

Provided that community bodies have good governance systems in place, Part 5 will create opportunities for all members of a particular community, regardless of whether they are transsexual people or not, to participate in community ownership of land and other types of asset as well as the ongoing management of those assets.
Promoting good relations CRtB schemes have the potential to draw together disparate members of communities, including LGBT people, engaged in CRtB schemes. It is hoped that this policy will help foster

inclusivity, good communications and relations within communities.
    It is anticipated that that implementation of Part 5 of the Land Reform (Scotland) Act 2016 will give rise to positive impacts on relations within communities.

Do you think that the policy impacts on people because of their sexual orientation?

Sexual orientation Positive Negative None Reasons for your decision
Eliminating unlawful discrimination     X The framing exercise did not identify any potential impacts on sexual orientation and there are no data to suggest that this protected characteristic is impacted by right to buy legislation.
Advancing equality of opportunity Section 56 (13) of the Land Reform (Scotland) Act states that: ‘In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to [(a)…] (b) the desirability of

encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The above legislation requires that Scottish Ministers must carry out their functions with due regard to the need to meet equal opportunity requirements.

The Scottish Government is of the view that in socio-economic and other ways, women should benefit equally with men from any Part 5 transfer of land, and that where a socio-economic imbalance between men and women already exists, it is reasonable, in line with both the equal opportunities and non-Convention requirements of the Act, to use Part 5 to benefit women more than men.
    Part 5 of the Land Reform (Scotland) Act 2016 has the potential to create positive impacts on this protected characteristic, given that in considering any transfer, Scottish Ministers must consider equal opportunities under Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The meaning of equal opportunities within L2 of Part 2 of schedule 5 of the Scotland Act 1998 is as follows:

“ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.”

Provided that community bodies have good governance systems in place, Part 5 will create opportunities for all members of a particular community, regardless of their sexual orientations, to participate in community ownership of land and other types of asset as well as the ongoing management of those assets.
Promoting good relations       It is anticipated that that implementation of Part 5 of the Land Reform (Scotland) Act 2016 will create opportunities for people to work together for the common good, regardless of sexual orientation.

Do you think the policy impacts on people on the grounds of their race?

Race Positive Negative None Reasons for your decision
Eliminating unlawful discrimination   Possible negative impacts upon ethnic minorities include:

  • Language barriers
  • Pre-existing racial prejudices within communities
  There is no evidence to show that different racial groups will be impacted to any significant degree by implementation of the Part 5 regulations.

It is possible that language or cultural issues could be a barrier to participation for some people, but this is one of the barriers that community groups should seek to address if they wish to get the support of the whole community.
Advancing equality of opportunity Section 56 (13) of the Land Reform (Scotland) Act states that: ‘In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to [(a)…] (b) the desirability of

encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The above legislation requires that Scottish Ministers must carry out their functions with due regard to the need to meet equal opportunity requirements.
    Part 5 of the Land Reform (Scotland) Act 2016 has the potential to create positive impacts on this protected characteristic, given that in considering any transfer, Scottish Ministers must consider equal opportunities under Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The meaning of equal opportunities within L2 of Part 2 of schedule 5 of the Scotland Act 1998 is as follows:

“ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.”

Provided that community bodies have good governance systems in place, Part 5 will create opportunities for all members of a particular community, regardless of their race or ethnic origins, to participate in community ownership of land and other types of asset as well as the ongoing management of those assets.
Promoting good race relations CRtB schemes have the potential to draw together disparate members of communities, including ethnic minorities. It is hoped that the policy will help foster

inclusivity, good relations and communications within communities.
    It is anticipated that that implementation of Part 5 of the Land Reform (Scotland) Act 2016 will give rise to positive impacts on race relations by creating opportunities for all people within a community, regardless of their ethnic origins, to become members of community bodies which purchase and subsequently own and manage land and other assets.

Do you think the policy impacts on people because of their religion or belief?

Religion or belief Positive Negative None Reasons for your decision
Eliminating unlawful discrimination   The Church of Scotland has raised concerns that they may be disproportionately affected by the implementation of Part 5 of the Land Reform (Scotland) Act 2016 due to the amount of land and buildings they own within Scotland.

However, it would be inappropriate to exempt them from the Part 5 legislation without also exempting all other organisations that own land in relation to religious or charitable purposes, or where it is held for the public good.
  There is no evidence to suggest that religious and belief groups will be impacted to any significant degree by implementation of the Part 5 regulations.

It is recognised that there may sometimes be an impact on members of religious or belief groups since it will be possible to infer their religion or belief from their data within the Part 5 register.
Advancing equality of opportunity Section 56 (13) of the Land Reform (Scotland) Act states that: ‘In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to [(a)…] (b) the desirability of

encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The above legislation requires that Scottish Ministers must carry out their functions with due regard to the need to meet equal opportunity requirements.
    Part 5 of the Land Reform (Scotland) Act 2016 has the potential to create positive impacts on this protected characteristic, given that in considering any transfer, Scottish Ministers must consider equal opportunities under Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

The meaning of equal opportunities within L2 of Part 2 of schedule 5 of the Scotland Act 1998 is as follows:

“ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.”

Provided that community bodies have good governance systems in place, Part 5 will create opportunities for all members of a particular community, regardless of their religion or beliefs, to participate in community ownership of land and other types of asset as well as the ongoing management of those assets.
Promoting good relations CRtB schemes have the potential to draw together disparate members of communities, including people having different religions and beliefs. It is hoped that the policy will help foster

inclusivity, good relations and communications within communities.
    It is anticipated that that implementation of Part 5 of the Land Reform (Scotland) Act 2016 will give rise to positive impacts on relations between individuals having different religions or beliefs by creating opportunities for all people within a community, regardless of their religion and beliefs, to become members of community bodies which purchase and subsequently own and manage land and other assets.

Do you think the policy impacts on people because of their socio economic status?

Socio economic status Positive Negative None Reasons for your decision
Eliminating unlawful discrimination CRtB schemes have the potential to address socio-economic inequalities through the better provision of housing, employment and better quality environments. Some community bodies and land owners will have access to less money and resources than others.

This may prove a barrier to some communities from making use of
Part 5.

Impoverished land owners (e.g. a capital rich, cash and resource poor farmer), may find it more challenging to engage with a Part 5 application than land owners with more time and resources, including cash.
  Part 5 is focused on supporting communities to make socio-economic improvements through sustainable development, which has the potential to reduce socio-economic inequality.

The meaning of equal opportunities within L2 of Part 2 of schedule 5 of the Scotland Act 1998 is as follows:

“ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.”
Advancing equality of opportunity The 2016 Act lends itself to consideration of improvement of the socio-economic situation.

In addition to the usual equalities requirements of the 2016 Act (Section 13[b]), Section 56(12) states that:

In determining what constitutes significant benefit to the community for the purposes of subsection (2)(c) or harm to the community for the purposes of subsection (2)(d), the Scottish Ministers must consider the likely effect of granting (or not granting) consent to the transfer of land or tenant’s interest on the lives of the persons comprising that community with reference to the following considerations—

(a)economic development,

(b)regeneration,

(c)public health,

(d)social wellbeing, and

(e)environmental wellbeing.

Section 56 (13)

In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to—

(a)relevant non-Convention human rights, and

(b)the desirability of encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

Section 56(14) of the 2016 Act clarifies that relevant non-Convention human rights is to include the International Covenant on Economic, Social and Cultural Rights (ICESCR) which includes (as also mentioned in the Scottish Land Rights and Responsibilities Statement Annex A):

Article 6 – The Right to Work

Article 11 – Standard of Living

Article 12 - The Right to Health
Article 13 – The Right to Education

Article 15 – Cultural life and enjoyment of Scientific Benefits
A negative to be guarded against is community land owning groups becoming dominated by men.   The requirement to promote Equal opportunities within L2 of Part 2 of schedule 5 of the Scotland Act 1998 has been referred to a number of times.
Promoting good relations CRtB schemes have the potential to draw together disparate members of communities, including people from different socio economic situations and backgrounds.     It is anticipated that that implementation of the 2016 Act will give rise to positive impacts on relations between individuals having different socio economic status by creating opportunities for all people within a community, regardless of their status, to become members of community bodies which purchase and subsequently own and manage land and other assets.

The requirements under section 56(13) of the 2016 Act create opportunities to help communities make socio-economic opportunities for people living in the local area, and this is supported by the ICESCR requirement.

The equal opportunities requirement under s.56(13)(b) means that in taking a decision on transfer under Part 5, Ministers must have regard to the prevention, elimination or regulation of discrimination between persons on grounds of social origin, or of other personal attributes.

Do you think the policy impacts on people because of their marriage or civil partnership?

Marriage and Civil Partnership[2] Positive Negative None Reasons for your decision
Eliminating unlawful discrimination     X There are no data to suggest that marriage or civil partnership are impacted by community right to buy legislation.

Contact

Email: LandReform@gov.scot